moveing to MI

[surrogateLH]

I have a question if an IP came to me and we made a pact out side of MI but I live in MI could I just leave and give birth in a diffrent state that allowed it or would there still be a chance to be fined need help want to become a surrogate but going to live in an unfriendly state.

[Diane Hinson]

If your state of residency is MI, then my answer would be no. My law firm would not match you to an Intended Parent. I just said no to a gestational carrier candidate for that reason this week. Here is why: A surrogacy agreement is designed to protect the parties if things go wrong. If everything goes great, no one needs the contract. It is when things go awry that the contract matters -- then it protects both parties. (That is why both surrogate and IP need their own attorneys!)

So, if the surrogate were to "change her mind" -- rare as that might be (but it did happen once in MI) -- then all she would have to do is go back to MI. And surrogacy contracts are "void against public policy" in MI. You can use them for wallpaper, but they cannot be enforced.

So, that is why I would not advise any IP to work with a surrogate from MI. I'm sorry -- I didn't write the law and I am not suggesting that you would fall into that category...but a lawyer has to protect against the "worst case scenario."

Best,
Diane

Diane Hinson
Creative Family Connections LLC
www.creativefamilyconnections.com
dhinson@creativefamilyconnections.com